Terms and conditions of use
Version 1.0 – valid from 22/03/2021.
Introduction and general
- These General Terms and Conditions for the Use of the Online Services (hereinafter referred to as “the GTCU”) apply to the Online Services (hereinafter referred to as “Online Services”) provided by ONMAVOLE.BE to Users of the https://www.onmavole.be online platform (hereinafter referred to as “the Site”) via the associated App (hereinafter referred to as “the App”). These Services and this App are offered by Mr Michaël Beneux, with registered office at Boulevard Emile DELAVELEYE 183 in 4020 LIEGE, registered with the KBO under number 0700.753.239, (hereinafter referred to as “ONMAVOLE.BE”).
- ONMAVOLE.BE is a platform that offers people who are looking stolen Objects the opportunity
to place an Advertisement to reach as many people as possible in order to recover the Object in
However, no results are guaranteed! The use of ONMAVOLE.BE's Online Services does not in any way guarantee that the Item cannot be stolen, stolen or lost, nor does it guarantee that the Item can be found or returned.
- « Advertisement » (or “Ad”) includes the information, data and other elements (images, texts, sound recordings, ...) released by the User and/or the Owner within the framework of the use of the Online Services.
- « App » refers to application programs for mobile devices, tablets and other IT devices that allow Users to access and use the Online Services.
- « Account » is the space that each User has to create on the Site or App and on which they can publish and display an Advertisement.
- « Object » in accordance with Article 527 et seq. of the Civil Code, refers to all lost or stolen movable property.
- « Owner » is the natural or legal person who can assert ownership rights in relation to an Object.
- « Online services » are the services accessible and available to Users via the Site or the App.
- « Site » refers to the website of ONMAVOLE.BE which can be found at www.onmavole.be
- « User » is any visitor who makes use of the Online Services or who signs up by creating an Account to use the Online Services via the Site or the App.
Object of the GTCU
- The purpose of these GTCU is to determine the terms and conditions of access and use for Users using the Online Services via the Site or the App. The GTCU shall apply to navigation by all visitors to the Site, to any use of the Online Services and also to any action performed by a User of the Online Services on the Site or through the App.
- The Site can be accessed at www.onmavole.be, using existing technology, in particular a computer or mobile device, which allows visitors to create an Account and, under certain conditions, to publish an Advertisement for the general public online with the aim of recovering a lost or stolen item. Users also have the possibility to contact other Users within the framework of the use of the Site.
- Access to the Site or use thereof for any reason, including prior notification for use of the Site in accordance with the provisions set forth in Article 4 below, necessarily implies that visitors or Users acknowledge to have understood and accepted these GTCU without any reservations regarding the content of the GTCU. They thereby also confirm that they fulfil all the conditions to be deemed Users as stipulated in Article 2.8.
- These GTCU constitute an agreement between the User and ONMAVOLE.BE (hereinafter referred to as “the Agreement”). Should the User fail to comply with any of the obligations and conditions of the GTCU or violate any of these regulations, they shall assume their contractual and, if applicable, non-contractual responsibility. Consequently, subject to the prior express consent of ONMAVOLE.BE, these terms and conditions shall apply to the entire contractual relationship that exists between ONMAVOLE.BE as a provider of Online Services and the User via the Site or the App which are the exclusive property of ONMAVOLE.BE.
- ONMAVOLE.BE may be contacted with regard to the implementation of these GTCU by the following means and the following coordinates:
User registration process
- Capacity of Users
In order to become Users, visitors must have the legal capacity to conclude contracts within the meaning of Articles 1123 to 1128 of the Civil Code and must accept these GTCU without any reservation.
- The registration process includes the following steps:
- Visitors are asked to register on the Site or on the App. To do so, they have to fill in their coordinates on an online form and provide a Username and a unique password with which they can subsequently access their Accounts.
- Users undertake to create a single Account that corresponds to their profile. ONMAVOLE.BE reserves the right to temporarily or permanently withdraw or refuse the Users’ access to their Account if the profile contains incorrect, misleading or false information. This may be done without prior notice and without any compensation. ONMAVOLE.BE is entitled to check and verify the information provided and to ask the Users to prove their identities by means of documentary evidence. In the absence of a reply to a request for verification, ONMAVOLE.BE reserves the right to terminate the Account and refuse access to the Online Services.
- As part of the registration process, each User will receive an e-mail at their electronic address to activate their Account. The Online Services can only be fully used once the Users have completed the entire activation process as described in the e-mail.
- The login and password that the Users choose when registering will grant them access to the Online Services. These data are confidential. Users are solely responsible for the use that can be made of their logins and passwords, as well as for their confidential handling and for any other use of his Account.
- If Users are already registered, they will be asked to connect via their Account using their Username and password.
- Users confirm their Account by ticking the box « I declare that I have read these GTCU and that I understand and accept them». Users acknowledge that they are bound by the obligations set forth in these GTCU; they acknowledge that they have taken note of them, that they accept them, and that they refrain from contesting their enforceability.
- By completing the registration form, Users undertake to provide ONMAVOLE.BE with accurate, truthful and complete information regarding their identity and coordinates. In particular, Users undertake to provide an existing electronic address that belongs to them alone.
- Users shall refrain from any improper use or misuse of the Online Services and of the information provided, including information about other Users. ONMAVOLE.BE cannot under any circumstances be held liable for misuse of the information or personal data of a User by another User.
- Capacity of Users
- ONMAVOLE.BE offers the following Online Services on the Site or on the App:
- Creation of, and access to, a User Account;
- Consulting Advertisements published by Users.
- Assuming that ONMAVOLE.BE receives the information that unauthorised content is being distributed on the Site or on the App, ONMAVOLE.BE is authorised to delete it, even without prior notice to the User who provided the said content.
- ONMAVOLE.BE does not participate in any way whatsoever in any relations that may be established between Users via the Online Services, whatever the nature of these relations may be.
- ONMAVOLE.BE offers the following Online Services on the Site or on the App:
Publishing an Advertisement
- Users have the possibility to publish Advertisements through their Account. Users declare to be the sole and exclusive authors of the Ad text. If this is not the case, they declare that they have all the necessary rights and authorisations when the Ad appears.
- Within the framework of the publication of an Ad, Users must provide the following information:
- The nature of the Object and a description thereof;
- The circumstances of the loss or theft (date, time, place, ...);
- One or more photos of the Object (3 pictures maximum; more photos will incur a surcharge);
- Any other useful information (serial number, model, category, ...);
- If applicable, a video presentation of the object stolen by the User. (Only one person is authorized to appear on the video);
- You have the possibility to use the reward system averaging the correct amount, depending on the object concerned).
- Users undertake to provide accurate, truthful, up-to-date and complete information regarding their identity, their coordinates and the Object. ONMAVOLE.BE is not liable for the validity or accuracy of the information provided in an Advertisement published by a User. Users guarantee that the Advertisement complies with the GTCU and the regulations in force. ONMAVOLE.BE reserves the right to refuse, at any time, an Advertisement that is manifestly unlawful or contrary to the legal provisions in force, to the GTCU or to public order. If Users publish videos, only they may be in them. It is forbidden to publish videos on which other persons (video of a suspect, surveillance cameras, ...) can be seen or which do not concern the Object. The purpose of ONMAVOLE.BE is to recover the Object, not to find any persons who may be involved in the loss or disappearance of that Object.
ONMAVOLE.BE’s limited liability
- ONMAVOLE.BE undertakes to provide the Online Services in accordance with these GTCU. ONMAVOLE.BE does not systematically verify the accuracy of the information provided by the Users and renounces any liability as to the accuracy, appropriateness or legality of this information. ONMAVOLE.BE cannot be held liable for the data, information and/or content provided by a User, whether or not it is publicly accessible, for the lack of accuracy of such data, information or content, for any errors or omissions it may contain, nor for any damage resulting from the use of any content provided by a User via the Site or the App.
- ONMAVOLE.BE has no general obligation to monitor the data and content provided by Users, nor is it obliged to remove content that is not manifestly unlawful, whatsoever its nature. ONMAVOLE.BE cannot be held liable for any consequences that may arise as a result of the Online Services during or after contacts between Users or visitors. The User undertakes not to use any content that could disrupt public order, that could be contrary to morality, that could also prejudice the rights of third parties or that could contravene current legal provisions. Insofar as ONMAVOLE.BE is informed that any content distributed on the Site or the App is unlawful, ONMAVOLE.BE shall, after carrying out the necessary checks, endeavour to take the necessary measures to put an end to this non-compliant use of the Online Services.
- The access and use of the Online Services made available to Users by ONMAVOLE.BE shall be entirely at
their own responsibility.
ONMAVOLE.BE does not guarantee any results regarding the use of its Online Services. The use of ONMAVOLE.BE's Online Services does not in any way guarantee that the Item cannot be stolen, stolen or lost, nor does it guarantee that the Item can be found or returned.
- ONMAVOLE.BE has taken the utmost care of the Online Services offered. ONMAVOLE.BE shall make every effort to provide correct and up-to-date information and to correct any errors at the earliest opportunity as soon as ONMAVOLE.BE becomes aware of them.
- ONMAVOLE.BE does not guarantee the content of information provided by third parties in connection with the Online Services offered, for example in the case of an internet site of third parties that refers to it. Similarly, ONMAVOLE.BE shall not bear any responsibility for hyperlinks published by ONMAVOLE.BE in connection with the Online Services, nor for advertising by third parties or for products and services offered by third parties. ONMAVOLE.BE does not guarantee the quality of the information accessible via hypertext links on the Site.
- Neither is ONMAVOLE.BE responsible for the observance of applicable laws and regulations by Internet sites to which the hyperlinks refer. Only the Owners of these websites are responsible for their content. Access to such sites is, therefore, at the Users’ risk and peril. They declare that they have been notified that they may be subject to other conditions of use or to other privacy-related provisions and, in general, to regulations other than those applicable to ONMAVOLE.BE's Online Services. ONMAVOLE.BE cannot be held liable for hypertext links created from third-party websites using ONMAVOLE.BE’s Online Services, nor is ONMAVOLE.BE responsible for the content of such sites. ONMAVOLE.BE does not check them, nor does it take them over.
- Furthermore, Users accept that downloading information within the framework of the Online Services and the use of this information is at their own responsibility. They are solely responsible for any damage to their computers or any other devices used to access the ONMAVOLE.BE Online Services and for any loss of data that may occur as a result of downloading or using such data.
- ONMAVOLE.BE shall not be liable for any direct or indirect damage caused by a virus transmitted during the provision of the Online Services, despite the protective measures taken. ONMAVOLE.BE declines all responsibility in this respect, in particular when the virus transmission occurs as a result of the disconnection of communication lines, of connection problems, as a result of unauthorised access to the Site by a third party and the consequences that may result therefrom or in the case of force majeure.
- Users are liable for any damage they cause to other Users, visitors or third parties as a result of the use they make of the Online Services. ONMAVOLE.BE shall not be liable for any direct or indirect damage of any nature whatsoever suffered by another User as a result of using the Online Services or as a result of the impossibility, for any reason whatsoever, of using them.
- In any case, ONMAVOLE.BE’s responsibility does not cover unforeseeable or indirect damages including loss of profit, loss of image, anticipated savings, customers or data.
Conditions of use and access to the Online Services
- Provided that they meet the registration conditions laid down in Article 4 and have the minimum technical configuration provided for in Article 15, Users can use the free functions of the Site and the App.
- Within the framework of the use of the Site, Users shall refrain from any action of any nature whatsoever, such as broadcasting, publishing, placing online or distributing the data and/or content, which would be contrary to the law or public order or would prejudice the rights of ONMAVOLE.BE or third parties.
- In particular, the User undertakes:
- while using the Online Services, to disseminate information of which they can guarantee the authenticity and correctness; they also undertake to disseminate information of which the content is up-to-date;
- not to modify or attempt to modify the information and services offered by ONMAVOLE.BE within the framework of the Online Services, and not to enter data of any kind on the various media of which ONMAVOLE. BE makes use to offer Online Services, such as other Internet sites, apps, logos, photos or other data, nor to create hyperlinks or links to other Internet sites or apps, without the express, written and prior consent of ONMAVOLE.BE;
- to refrain from any action that could directly or indirectly cause disruption or unavailability (temporary or permanent) of the Online Services;
- refrain from reproducing or distributing, without the consent of ONMAVOLE.BE and by any means whatsoever, the content of the communications distributed by ONMAVOLE.BE within the framework of the Online Services as well as the Online Services themselves;
- indemnify ONMAVOLE.BE and/or all third parties who may be adversely affected by the unauthorised or misleading use of the Online Services that is inconsistent with these GTCU.
- Users may report behaviour or content that is contrary to the rules set out above and found on the Site or App. To this end, they must describe them and indicate where they are located on the Site or App, at the following address : www.onmavole.be
- Users shall be informed that any misleading report may, in turn, be sanctioned in accordance with the provisions of these GTCU.
Payment for Online Services
- The following Online Services are free of charge:
- The registration, the creation of an account, the consultation of the Announcements as its publication are free;
- A number of 3 pictures.
- The following Online Services are free of charge:
Intellectual property rights
- Users acknowledge that ONMAVOLE.BE is and remains the Owner of the intellectual property rights, of whatever nature, on the Online Services offered by ONMAVOLE.BE. Access to the Site or the App and the use of the Online Services do not lead to any transfer of these intellectual property rights to the User.
- The User is aware that ONMAVOLE.BE is, subject to rights specific to content provided by the User and publicity provided by third parties, the sole Owner of the intellectual property rights directly or indirectly associated with the Online Services and with the information provided by ONMAVOLE. BE in the context of these Online Services, in particular, but without limitation, the rights to the structure of the databases, the content, the logos, the texts, the images, the sounds, the brands or also interfaces, the layout and the computer programs used by the Online Services.
- The User undertakes not to do anything, either directly or indirectly, of a nature to compromise the validity of ONMAVOLE.BE's intellectual property rights or to interfere with ONMAVOLE.BE's enjoyment of these rights.
- Licence to use the Online Services
- ONMAVOLE.BE grants the User a non-exclusive, personal and non-transferable authorisation to access and use the Online Services and the data contained therein on a strictly personal basis, in accordance with these GTCU and, in particular, in accordance with the purpose of these Online Services.
- Any other use of the Site, the App or the Online Services, of their content and in particular of the data contained therein, is excluded from the scope of this licence and may only take place with the prior written consent of ONMAVOLE.BE. In particular, any extraction or reuse, other than for normal use, of the content of the Online Services is strictly forbidden to the User and is subject to the express prior consent of ONMAVOLE.BE.
- Licence to use the content placed online by the User
- Users are entitled to the content and information they submit or publish via the Online Services. Users grant ONMAVOLE.BE a non-exclusive license which provides a worldwide and transferable right, on the basis of which a sub-licence may be granted for the use, copying, modification, distribution, publication and processing of the information and content submitted by the Users through the Online Services, without any other consent, communication and/or compensation to or for the Users concerned.
- Users have the following rights:
- Users are entitled to terminate this licence under the conditions set out in Article 12.
- The User's content will not be included in third-party advertising and services without prior specific permission. However, ONMAVOLE.BE has the right to place advertising close to the data and content of the User without any quid pro quo.
- The Online Services and the entire content to which they give access, including texts, fixed or moving images, videos, databases, programs, logos, etc., on ONMAVOLE.BE's Online Services are intended exclusively for Users of ONMAVOLE.BE's Online Services, to the exclusion of all other third parties.
Availability of Online Services and responsibility of the User
- ONMAVOLE.BE shall use all reasonable means to guarantee the security of the Online Services and their availability 24 hours a day, 7 days a week, as well as to limit as far as possible any inconvenience caused by technical errors or also by malicious acts of third parties.
- All the equipment and software required to access the Site or App and use the Online Services shall remain the sole responsibility of the User. They must take all appropriate measures to protect their own data, systems, programs and/or software against contamination by any viruses. The use of information, messages or data of any kind available via the Online Services is the sole responsibility of the User and the decisions or actions that the User should take or should take, bearing in mind this information, are the sole responsibility of the User. Users are solely responsible for their use of the Online Services and, more generally, for any use or action taken from his Account.
- Without claiming completeness regarding this list, ONMAVOLE.BE shall under no circumstances be held
- The content of the Online Services, more generally, for all information and/or data disseminated on the Online Services;
- The data and information put online by the User insofar as these data or the content are accessible and/or transmitted to the public via one of the communication forums of the Online Services or by e-mail to any address or which they may have stored on their personal space;
- the transmission and/or receipt of all data and/or information contained in the Online Services;
- Any malfunction of the Internet network that prevents the proper handling and/or operation of the Site, the App or the Online Services;
- The failure of all the reception equipment or communication lines;
- The loss of any data;
- The consequences of any virus, any computer system error, abnormality or technical malfunction foreign to ONMAVOLE.BE;
- Any technical, material or software malfunction of any kind preventing or restricting access to Online Services or damaging the User's system.
- ONMAVOLE.BE reserves the right to prohibit and block access to the Online Services to Users who use one or more types of software with the intention of preventing publicity on the Site or on the App.
- ONMAVOLE.BE does not guarantee that the Online Services will operate without interruption, malfunction or error, nor that computer-related or other errors will not occur, nor that errors detected will be corrected. The User hereby expressly acknowledges this.
- The User releases ONMAVOLE.BE from any responsibility in the event of unavailability of the Online Services, malfunctions, errors, bugs, incidents or other problems of any kind resulting from a malicious act by a third party or from the responsibility for any use of the Online Services by the User as well as the information published on them or disseminated via linked Internet sites.
- ONMAVOLE.BE cannot exclude the possibility that the access or use of the Online Services may be briefly interrupted for technical reasons. Without prejudice to Article 8.1, ONMAVOLE.BE therefore reserves the right to interrupt access to the Site at any time and without prior notice in order to carry out maintenance or adaptation work. In this context, ONMAVOLE.BE refuses to accept responsibility for any damage caused in the event of such an interruption.
Termination and unsubscription
- ONMAVOLE.BE may suspend or interrupt access to the Online Services in the event of the User's failure to comply with these GTCU. In this case, ONMAVOLE.BE will notify the User of this suspension or interruption by e-mail and will notify the User to allow the latter to put an end to any infringement. If this notification is not complied with within forty-eight (48) hours, ONMAVOLE.BE may terminate the contract ipso jure, without any formalities and subject to compensation which may be claimed in order to remedy the damage caused by the User's errors. The User is reminded at this point that if the they violate the applicable regulations and their obligations, which means in particular that the Online Services are used for spamming or the distribution of unauthorised messages, data or information that is contrary to public order or that could harm the rights of third parties (libel, insult, damage to an intellectual property right, defamation, etc.), ONMAVOLE.BE may interrupt access to the Online Services and/or suspend the User's Account and terminate the agreement without prior notice.
- Should ONMAVOLE.BE be informed of any use of the Online Services that is not in compliance with the GTCU or of any unauthorised content that would be distributed on the Site or App, ONMAVOLE.BE reserves the right, without prejudice to the measures as mentioned above in Article 12.1 or any other measures, to initiate administrative or judicial proceedings (including the filing of a criminal complaint) against the persons concerned, whether or not they are identified.
- ONMAVOLE.BE is not obliged to fulfil its obligations in the event of force majeure, such as natural disasters, acts and orders of public authorities, acts of terrorism or war, unavailability of electricity networks or telecommunication services, defects on the part of a supplier or partner, as well as all other events that were not reasonably foreseeable and solvable for ONMAVOLE.BE.
- In the event of force majeure, ONMAVOLE.BE's obligations shall be suspended until the circumstances preventing the fulfilment of these obligations no longer exist. If the force majeure exceeds 30 days, either party shall have the right to terminate the agreement and notify the other party thereof. Where applicable, the User will be compensated for any payments made during the relevant period, with the exception of any damages or compensation.
Processing of personal data
- The User's personal data are stored on servers by ONMAVOLE.BE in the context of the use of the Online Services. ONMAVOLE.BE processes such data in accordance with the General Data Protection Regulation of 26 April 2016 and the Act of 30 July 2018 on the protection of individuals with regard to the processing of personal data.
- Users undertake to regularly update all information relating to their Accounts to ensure that it remains correct. This is in their own interest given the purpose of the Online Services. Users may modify the data concerning them at any time when it seems useful and necessary to them. To do so, they must click on the “modify” link offered under several headings of their profile. This also applies to their registration data, which they can modify via the “parameters” section.
Minimum technical configuration required
- Users confirm that they have the necessary technical means to access and use the Online Services. The
following configuration is required as a minimum:
- The site is responsive and adapts best according to the screen resolution;
- Possible web browsers are Internet Explorer 11 and higher, Firefox 40 and higher, Safari 10 and higher;
- An Internet connection
- In this connection, Users confirm that they have verified that the IT configuration at their disposal is suitable, does not contain viruses and functions properly. The devices (computer, mobile phone, software, means of telecommunication, etc.) enabling access to Online Services are the sole responsibility of the Users. This also applies to the telecommunications costs incurred as a result of their use.
- Users confirm that they have the necessary technical means to access and use the Online Services. The following configuration is required as a minimum:
- Users may submit a complaint to ONMAVOLE.BE regarding the operation of the Online Services. Any complaint must be notified to ONMAVOLE.BE within eight days of the cause of the complaint occurring by e-mail at email@example.com or by registered letter, under penalty of forfeiture of the right to make a complaint.
- Upon receipt of a complaint, ONMAVOLE.BE shall endeavour to find a solution as quickly as possible. ONMAVOLE.BE and the User shall seek in good faith a solution by which any dispute may be resolved amicably.
- ONMAVOLE.BE reserves the right to modify the GTCU. Where applicable, the new general terms and conditions shall be effective immediately upon any connection or access to the Online Services on the Site or App. The User is therefore asked to regularly consult the latest updated version, which is permanently available and accessible on the Site's reception page. To do so, they must click on the « General Terms and Conditions of Use »link or the relevant tab on the Site.
- The fact that ONMAVOLE.BE does not invoke any right or breach of any obligation incumbent on the User, cannot be construed as constituting a waiver by ONMAVOLE.BE of such right or obligation.
- The User and ONMAVOLE.BE mutually decide that ONMAVOLE.BE's computer systems and files between them have evidential value. The files and computer records stored in the computer systems operated by ONMAVOLE.BE or in suitable, secure and reliable conditions on ONMAVOLE's behalf may be used and supplied as valid evidence for the purpose of the contract. Thus, ONMAVOLE.BE may, within the framework of all procedures carried out, use and rely on data, files, programs, registrations or other elements received, transmitted or stored by means of these computer systems and located on both numeric and analogous media, as evidence.
- If any of the foregoing provisions of these GTCU are declared null and void by application of a law, regulation or as a result of a final decision of a competent court, they shall be deemed not to have been written. This is without prejudice to the other provisions which shall not lose their validity and shall retain their binding force and effect.
- In the event of problems with the interpretation of any title or provision of these GTCU, the provisions shall take precedence over the titles.
- Users warrant that they have full legal capacity to enter into this agreement and that they are bound by all its provisions.
- These GTCU are governed by Belgian law. ONMAVOLE.BE and the relevant Users undertake, in the event of a dispute, to try first of all to reach an amicable settlement. If no amicable settlement is reached within a period of one month after the dispute has arisen, the Users and ONMAVOLE.BE shall be entitled to submit the dispute to the competent courts mentioned below.
Any dispute relating to the drawing up, implementing or interpreting the agreement and/or these GTCU, as well as any dispute involving ONMAVOLE.BE's non-contractual liability, shall be submitted to the courts having jurisdiction under common law.